Judgement & Order Writing – A Prelude

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Presentation transcript:

Judgement & Order Writing – A Prelude

Orders/Judgments Civil Criminal Judicial Executive / Revenue Judicial (Penal) Executive (Preventive) Wider Scope Covers both Private+ State related Disputes Narrow Scope Mostly Covers State specific disputes

Civil and Revenue Judgments Covered under Order XX CPC; Time stipulation:- At once after hearing; Whenever practicable at the earliest, within the 30 days; Delivery Ordinarily not a day beyond 60 days; Notification of Parties required (R.1);

Contents of Civil / Revenue Judgments Introduction - Provisions of Law attracted / Gist of relief required/claimed; Description of facts; Abstract of contentions arising; Specific Issues /Points for determination;

Contents of Civil / Revenue Judgments - II Summaries of both sides’ Evidences:- Mention of witnesses examined; Reference to prominent statements given; Reference to vital Exhibits; Decision on issues individually; Final verdict; Operative portion;

Judgments in Criminal Trials – I Mention of offences involved, with summary of allegations leading to Charge / Plea; Summary of Prosecution evidences; Summary of defence evidence if any, likewise;

Judgments in Criminal Trials – II If not, observation of defence case through Cross- Examination / Answers of Accused U/S.313; Specific mention of some very Prominent questions of fact, if arising; Decision - Guilty / Not Guilty;

Judgments in Criminal Trials – III 7.Operative portion Finding (quote relevant Section) Acquittal Discharge of Surety Release forthwith Conviction Custody Order Direct Supply of Judgment’s Copy Free of cost Order on Case Property; Order on Bail application, if convicted;

Orders in Criminal Cases (Preventive) Introduction - Provisions of Law attracted / Gist of relief required / claimed; Description of facts; Abstract of contentions arising; Specific Issues /Points for determination; Summary of Prosecution Evidences; Preliminary Action – if needed

Orders in Criminal Cases (Preventive) -II Summary of defence evidence if any, likewise; Prominent coverage / description of official reports forming basis of Final Order; Decision; Operative portion;

Thank You